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Breakdown cover (Pt 2)

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23 October 2019 / David Burrows
Issue: 7861 / Categories: Features , Family , Child law , Divorce
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David Burrows provides a rundown of child support appeals to the First-tier Tribunal & Upper Tribunal
  • Child support appeals to First-tier Tribunal and Upper Tribunal.
  • When is an appeal to the Upper Tribunal a matter of law?
  • When is a variation direction asset in a non-resident parent’s ‘control’ or just in ‘his sphere’; and will this matter with the new ‘asset’ regulation under reg 69A?

The first article in this series explained the working of the child support scheme calculation with variation directions (now Child Support Maintenance Calculation Regulations 2012 (SI 2012/2677) regs 69-71) from the formula (‘Breakdown cover’, NLJ 15 March 2019, p9). The scheme is operated by decision-makers within the renamed Child Maintenance Service (CMS) (formerly the Child Support Agency), which are the outward face of the secretary of state for work and pensions. They run the scheme for the secretary of state under the Child Support Act 1991 (CSA 1991) (as variously amended).

Any lawyer, or spouse who deals with it, knows

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